TSA Proposed Rule as directed by court is out

So how are you all going to approach commenting? I haven't had a chance to read the thing, but from what I read of it I'm puzzled as to where to begin with a comment. What would I even be commenting on exactly?

I think we should focus on a couple of points. One, Backscatter or any other x-ray emitter should never be used for human screening. Two, the WBI machines were not tested as claimed by TSA and the cites are available for posting.

Is any amount of radiation safe?
There is no firm basis for setting a "safe" level of exposure above background for stochastic effects.

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Next point, WBI machines do not detect dangerous items. They detect all things when they work which is only about 50% of the time. TSA claims that WBI reduce the need for pat downs, but that is clearly not true since anything alerting during WBI screening requires a pat down to resolve, sweat, paper in a pocket, a medical device or any other item.

Privacy trumps security. Electronic strip searches are invasive even if the machine resolves the image. Our Constitution and Bill of Rights are more important than the very low chance that someone is trying to use an airplane as a weapon. With Locked Cockpit Doors and an increased awareness by travelers of security issues only a fool would try to hijack an airplane.

The use of WTMD and ETD will find all metallic weapons and non-metallic explosives at a highly reduced cost to taxpayers. Three things, baggage x-ray, WTMD, and ETD reduces the likelihood of a weapon getting on board an airplane to almost zero chances.

TSA claims of terrorist testing security daily is unsubstantiated. TSA is trying to protect the agency and its power over the people, not protecting the public from terrorist.

TSA as currently deployed is a complete failure as a passenger and cargo screening agency.

These are just a few points I intend to cover. You guys are more than welcome to borrow, add to, and share with anyone you like.

TSA has rushed into a $250 million mistake that has violated the 4th Amendment, exposed passengers to unnecessary radiation, created child pornography and led to countless women being humiliated and harassed.

TSA is removing and scrapping over $40 million in nearly new x-ray scanners and replacing them with millimeter wave units.

TSA will dismiss passenger complaints but they cannot ignore the fact that other governments have deemed these devices useless and ineffective.

Scanners ruled out for NI prison searches after pilot.BBC News - February 13, 2013A prison service evaluation report says the scanners detected just 57% of test items. The items not detected include a knife and scissors. "It increases the risk and compromises the security of the prison, its introduction in my view would be wholly unacceptable," he added.

Body scanners a failure, German police union saysThe Local - Germany’s News in English - August 1, 2011The Welt am Sonntag newspaper reported on Sunday that the scanners were sounding alerts 70 percent of the time, according to an internal report. The test run at Hamburg had also demonstrated that the body scanners slowed down rather than sped up passenger screening because of the high rate of false alarms.

Israel: Scanners rejected because blind spots allow explosives to be smuggledIsraeli National News April 25, 2010Rafi Sela, former chief of security at the Israel Airport Authority warned US lawmakers, “I don't know why everybody is running to buy these expensive and useless machines,” Sela commented. “I can overcome the body scanners with enough explosives to bring down a Boeing 747.

Child Porn Fears Block Under 18s From Full Body ScannersThe Daily Mail - October 18, 2009Airport security personnel in British airports have been barred from scanning passengers under 18 years old because new devices breach child pornography laws.

Didn't some court some place say something to the effect that "AIT is o.k. as long as there is the option for travelers to opt out of going through?"

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This court, this case. All the more reason to point out the 'option' is more invasive than AIT, let alone that for millions of innocent travelers the patdown is non-optional.
Have fun. Skewer every argument.

Discussed on FT. If this interpetation is correct and TSA is trying to slip in "NO OPT OUTS" then we need to refocus our comments.
I wouldn't put it past TSA to try to do something like this. Only incapables would get alternative screening.

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Do we roll up our shirt sleeves and fight it, or do we let them dig their own grave deeper?

Remember that they are trying to pass themselves off as the "gold standard" (their own words) of airport security in the international arena while relying on an inferior technology that has been rejected by Israel, Germany and Ireland, in the latter two cases after MMW technology flubbed field trials. My recollection is that Italy also received some MMW units but decided not to bother based on experiences elsewhere.

Lack of opt out will result in even fewer people flying and probably some nasty confrontations at the check points.

Is removing opt-outs a back channel way to get more FFs into PreCheck? I'll just stand in the body scanner and when they ask me to raise my arms, I'll say I can't. Good luck to any TSA employee that tries to play doctor.

I've been working on a direction for my response. Tell me what you think of this concept. The Strip Search machines only detect anomolies per TSA. TSA Administrative searches are limited to a search for WEI only. So use of WBI is a general search, exceeds the boundaries of Administrative search doctrine, and violates the 4th amendment of the Constitution.

I've been working on a direction for my response. Tell me what you think of this concept. The Strip Search machines only detect anomolies per TSA. TSA Administrative searches are limited to a search for WEI only. So use of WBI is a general search, exceeds the boundaries of Administrative search doctrine, and violates the 4th amendment of the Constitution.

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Very good! I think that fits the definition of "capricious and arbitrary"!

I've been working on a direction for my response. Tell me what you think of this concept. The Strip Search machines only detect anomolies per TSA. TSA Administrative searches are limited to a search for WEI only. So use of WBI is a general search, exceeds the boundaries of Administrative search doctrine, and violates the 4th amendment of the Constitution.

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Sounds good to me, RB. As you seem to be doing, we need to use the term WBI or Whole Body Imaging rather than AIT and whatever that stands for.